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Franklin CA Tax-Free Trust v. Commonwealth of Puerto Rico

Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Tag(s):

Ross v. Garcia (In re Garcia)

Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Judge(s):
Deasy, Finkle, Cary
Tag(s):

U.S.A. v. Alfredo Pacheco-Martinez

Citation:
USCA (1st Cir.) No. 13-2154
Ruling:
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Aida M. Delgado-Colón, U.S. District Judge Before Howard, Chief Judge, Selya and Lynch, Circuit Judges
Tag(s):

Pawtucket Credit Union v. Boyajian

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling:
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
Judge(s):
Kornreich, Tester, and Cary
Tag(s):

Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation:
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling:
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7...
Judge(s):
Kornreich, Tester, Cary
Tag(s):

Cruickshank v. Cook (In re The Environmental Careers Org., Inc.)

Citation:
Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
Ruling:
The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
Judge(s):
Lynch, Souter, Stahl
Tag(s):

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